The Americans with Disabilities Act (ADA), which was signed into law in 1990 and then amended in 2008, makes it unlawful to discriminate against a qualified individual with a disability when it comes to employment (i.e., interviewing, hiring, compensation, opportunities, etc.). It also requires employers to make “reasonable accommodations” to allow an employee with a disability to “participate in the job application process, to perform essential functions of a job, or to enjoy the benefits and privileges of employment equal to those enjoyed by employees without disabilities.” But what exactly are reasonable accommodations?

Like many laws, the terms and definitions in the ADA are open to interpretation. The definition of “reasonable accommodations” outlined above can include a wide range of changes or adjustments to a job or work environment. And though an employer is required to provide accommodations, they can opt not to make changes if they can show the adjustments would be an “undue hardship,” that is, too expensive or difficult.

However, the good news is most accommodations cost very little and typically require minor changes to a workplace – but they can have a huge impact on employee performance and satisfaction! For instance, some of the most common accommodations for employees with disabilities include:

  • Structural changes – Making the workplace accessible to people with disabilities, such as providing wheelchair ramps, modifying a rest room, adjusting the layout of a workspace, and installing adjustable workstations.
  • Work schedule changes – Providing flexible work schedules, part-time work, remote work options, and regular breaks. For example. many people with diabetes require frequent breaks to monitor blood sugar and insulin levels. Individuals with cancer or chronic conditions may need to work around treatment schedules.
  • Equipment, technology and communication – Providing or modifying equipment or devices to be accessible to those with visual or hearing impairment. This may include providing screen reader software, speech-to-text software, using videophones, providing sign language interpreters or closed captioning at meetings and events, or making materials available in Braille or large print.
  • Training and testing – Changing tests, training materials or policies to accommodate all employees.
  • Modifying policies – Allowing a service animal in a business setting or adjusting work schedules so employees with chronic medical conditions can go to appointments.

Of course, this list is not all-inclusive. There may be other adjustments employers can make to help those with disabilities perform their job. Employers should not view these modifications as “special treatment,” but rather as a way to create a fair, inclusive environment.

Who Qualifies for ADA Accommodations?

The “reasonable accommodations” protections outlined in the ADA apply to all employers with 15 or more employees, and include individuals who:

  • Have a physical or mental impairment that “substantially limits” one or more major life activities.
  • Have a documented history of impairment.
  • Are viewed by others as having an impairment.

In short, if a disability impedes your ability to perform an essential job to the same degree as others who not disabled, due to a major life activity such as walking, talking, hearing, seeing, or performing manual tasks, then you qualify. If the impairment is not apparent, an employer can ask for medical documentation. (To learn more about accommodations for specific conditions, go to the Job Accommodation Network.)

How do You Request a Reasonable Accommodation?

It’s an employer’s responsibility to review any ADA accommodation request made by an employee. However, you don’t have to mention the ADA or use the phrase “reasonable accommodation,” or put the request in writing. You can simply make a verbal request for an adjustment or change. If your disability is obvious, you don’t need to provide proof of disability along with your request. As mentioned above, it the disability isn’t apparent, the employer can request medical documentation before considering any change to the workplace.

If an employer denies a request for a reasonable accommodation, you have the right to request a reason for the denial, as well as the right to appeal the decision. You can reach out to a union representative, a state or local government ADA coordinator, or an equal opportunity counselor. You can also file an ADA complaint with the Equal Employment Opportunity Commission (EEOC). It’s also advisable to seek legal assistance.

If you or a loved one have experienced workplace discrimination due to a disability, we’re here to help. An experienced lawyer can provide the information you need to make an informed decision, and help you navigate a complex legal system. Let the Disability Guys help you protect your rights. Call us today for a free consultation.

Source

https://www.eeoc.gov/publications/ada-your-employment-rights-individual-disability